Enlightened Conflict

testing norms and what is legal

May 15th, 2017

never too good at following rules

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“I am free, no matter what rules surround me.

If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.”

 

Robert A. Heinlein

 

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“Rules are for children.

This is war, and in war the only crime is to lose.”

 

Joe Abercrombie, Last Argument of Kings

 

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Ok.

 

hoist the black flag rulesWe have a shitload of regulations, laws and rules to abide by every day.

 

We set out explicit rules and guidelines and sometimes these appear as laws. They are meant to showcase a red line for behavior.

 

That said, boy oh boy … we sure do bitch about how many laws we have and how many regulations are in place and how many rules we face that curb our success. The government is most likely the main villain in this story.

Most of us act like government sits around coming up with rules and laws and regulations simply to stifle freedom in our lives – personal and business.

 

It may behoove us to think a little more about why those rules, regulations and laws came about and how we still have some room to navigate which is a playing field called “norms.”

 

It may behoove us to think a little more about the fact we suck at self-regulation. In fact, when left to regulate ourselves, within a capitalist environment, the arc of behavior bends toward some fairly heinous behavior.

 

What happens is that some start pushing out beyond what most people would integrity has no need of rulestend to believe is ‘integrity driven behavior’ and with each push what is acceptable becomes broader and broader.

 

So what we have done in the past is to step in, slap the wrist of those who have bent the arc toward what is not really the best for all and then set up some regulations to insure our self-regulation has some fences to corral us.

 

That said.

 

We do have some norms.

Some ‘accepted beliefs’ for some specific roles and responsibilities.

 

It’s like we assume if you become a CEO of a business that you will not instigate any illegal behavior and you will tell the truth with regard to what you are selling & offering.

Yes there are laws and regulations but, in general, a business sets its own behavioral compass – within which there will be things unwritten but accepted.

 

 

It’s like we assume if you decided to accept the responsibility of a public servant you will share your tax returns to show how you have earned your money in the past, you assume that you will cut ties with your business to insure no conflicts of interest and you assume you don’t fire people because you don’t like them.

 

All of those things may be legal to actually do but norms suggest they are not the right things to do.

 

Norms, in my pea like brain, reside outside a buffer zone just prior to reaching one of these red lines. They are usually unstated and they are usually simply expected for those who uphold some integrity and they are usually just done by the people who truly matter.

 

Ah.

breaking rules HagyBut let’s remember … most times norms reside within what is a larger legally acceptable behavior.

Why does that happen?

Because most people who set up rules and regulations and laws desire to give people some freedom to act and make their own decisions.

 

That said … to be clear … you can do a shitload of legal things in life, business & government which when viewed honestly can look and smell really bad.

 

I have worked several times with people who have constantly suggested “but it is legal.” And 90% of the time I have felt uneasy about what we were about to do. Not that it was illegal but rather it <a> tested what I would consider a norm and <b> it was clearly in that buffer zone that got too close to the red line.

 

There will always be people who will dance on the icy brink of the red line and these same people will dance while singing “it is legal.”

 

It is a hollow song to sing and it always sounds slightly out of tune.

 

Anyway.

 

Let’s just say there are two basic types of people:

 

  • Those who see norms, and normative behavior, and see it as guidelines for right or wrong <an subsequently check laws, rules and regulations to be sure all is good & legal>. In other words behavior doesn’t have to be dictated by some rule or law but more often than not “what seem like the right thig to do.”

 

 

  • Those who see “anything that could be deemed legal”, or, conversely, “if it is not expressly forbidden than it is permissible. These people don’t ever ponder “what seems like the right thing to do” because, to them, if it is legal it is right.

 

 

People have a lot of leeway to do non-criminal bad actions.

rules do not why not

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“Look, that’s why there’s rules, understand? So that you think before you break ’em.”

 

Terry Pratchett

 

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And I tend to believe most times rules & laws are not rewritten is because people break them <because they have done their job>, It is when people start ignoring norms where rules & laws get rewritten.

As soon as enough people, or prominent people, start doing things that the norm had suggested up to that point was ‘not the right thing to do’ people sit back, shake their heads a little sadly … and say “well, I guess we need to set up some rules.”

 

I admit.

I am both a norms guy and a law/rules guy.

 

If you give me the rules & the laws I believe I can win within them. And win even without bending their interpretation.

 

If norms are established and the norms reflect ‘good’ and not ‘bad behavior’ I tend to place them right beside all the rules/laws you gave me and say exactly the same thing … I believe I can win within them.

 

following the rulesBut not everyone thinks that way.

 

Some people don’t care about ‘good behavior’ all they care about is ‘legal behavior’ <what is technically legal>. It is these people who actually create the need for rules, regulations and laws.

 

So maybe when we start bitching about all the rules, regulations and laws we have that seem to restrict some things we tend think are kind of okay to do … we shouldn’t blame the institutions which created them … we should be blaming the people who forced their creation.

They are the ones who absolutely suck at self-regulation … actually worse than most of the rest of us … and we pay the price for their behavior.

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Enlightened Conflict